Township Supervisor resign? Here are the new procedures for appointments –

ECWd –

As we have noted in earlier articles, Gov. Pritzker signed Public Act (“PA”) 101-0104 this year, and it became effective on July 19, 2019.

This PA amends Section 60-5 (and others) of the Township Code dealing with situations in which there is a vacancy in the Township Supervisor position.

Paragraph (b-5) was added to Section 60-5 and it states:

Paragraph (a) says a township board must fill a vacancy in a township office, and paragraph (b) says if a vacancy is not filled within 60 days the electors appoint to the vacancy at a Special Township Meeting held under Section 35-35.

So, as we see it, when a Township Supervisor vacancy is declared, the following must occur, and should be included on a meeting agenda for action to be voted on by the township board:

•  declaration of a vacancy in the office of Township Supervisor (resignation becomes effective immediately upon its acceptance)
•  appointment of “deputy supervisor” (if the permanent appointment will not immediately happen) Under this new PA, the appointed “deputy supervisor” must be a person currently serving as a township trustee.
•  compensation of temporary deputy supervisor determined by the board
•  appointment of the supervisor to the vacancy (at a later meeting if temporary deputy supervisor is appointed)

The temporary deputy supervisor shall not have a vote at a meeting unless they are already a township trustee, then shall have the same vote appointee would have had as a trustee.

Trustee compensation is suspended while serving as deputy supervisor but shall be reinstated when a permanent appointment to fill the vacancy has occurred.

Appointments to fill the supervisor vacancy must still comply with the Public Officer Prohibited Activities Act, Section 2a(a).

In short, when a resignation of a supervisor is accepted by the board, it become effective immediately upon its acceptance (60 ILCS 1/60-20(b)), the board “shall” appoint a deputy supervisor to perform the ministerial functions of the supervisor until a permanent appointment is made (60 ILCS 1/60-5(b-5)), any such permanent appointment must comply with the Public Officer Prohibited Activities Act (50 ILCS 105/2a(a)). If no permanent appointment is made by the township board within 60 days of the declaration of vacancy, the electors “may” hold a Special Township Meeting to appoint a supervisor to the vacancy (60 ILCS 1/35-35).

Once the new supervisor is appointed, the deputy supervisor’s position immediately terminates.

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